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tv   [untitled]    December 3, 2010 12:30am-1:00am PST

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make sure we get the information out there. so the report again is behind this one. it includes the club -- the club staff has been expending resources on and none are a surprise to you. as you the commission have been hearing about these clubs from mr. granelli for, you know, a little bit of time here and there, depending on if we are as successful the first time out for the second time out. and those clubs that got citations, anyone who got warnings, as well as anyone who had major and minor incidents that resulted in police reports that have been submitted to us. so take a look at that. and i'm happy to answer any questions. and happily there are no corrective actions to report to the commission on permits since last meeting. >> yes. >> hi. i have one comment and a couple of questions. my first comment is your --
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going to public safety committee was great. i just needed to compliment you on that. i thought it was straightforward and you hit all the right points. and you told them exactly what we could do. i just thought it was great. so that was that. my questions are could you summarize really quickly in a sentence or two what the substantive changes were to the promoter legislation. and my second question is, if we do not get the money in a timely fashion to do the data base, what is plan b or do we simply not implement it in a timely fashion? >> to answer your question about the changes to the promoter, i didn't bring that with me but i can send you the notes that were given to us. i think from supervisor chu's office that indicated what those issues were. if that's ok with you. >> yes.
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>> and some time. and again, just going back to the committee, there is obviously ample opportunity at committee level for any kind of comments that you -- anybody would think is appropriate at that point. but i'm happy to send the whole commission the revisions. >> great. thank you. >> and then -- so ask me again. what was the second question? >> if we don't get -- >> if we don't get the money. >> the data base up, do you have a plan b or do we postpone the implementation of this? >> i think -- plan b is always simply analog. paper. registration. and it's not great. i think that potentially what we could do is certainly put a simple form on our website so at least we have somebody accessible 24-7 on the internet even if it's not something that would create a data base automatically. maybe that's plan b.
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plan c is paper. so it's simple enough to have a form again, like a p.d.f. form, that we do all of our permits on, on our web site, on sfgov. if that database behind it is not ready to go, the legislation itself does not require the department to have it implemented by a date certain. it says after -- it gives -- there's a lot of latitude. i guess what i'm saying. but frankly, and poetically speaking, i don't believe we're going to have time ad infet mitum putting a database together, i don't think we have that luxury. so we'll have to have plan b ready to rock. >> ok. thank you. >> go ahead. >> first i wanted to second
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those comments regarding your presentation to the public safety committee. i thought you did great. i thought you did a great job on behalf of yourself and the commission. i have a question regarding the watch list and part of your report. i saw -- the list of major incidents that the police have provided you, there was incidents -- two instances with the tecal bar on mission street. and both were aggravated assaults. one with a knife. and they didn't make the watch list. and to me, i just -- i see a lot of incidents and a lot of club names. how does somebody get on the watch list and how did they not get on it? i'm curious. >> well, you're going to have to help me out here. but the tea cup doesn't have a place of entertainment permit. so that in part is why i'm hesitant to put it on a list like this. again, i've said this before. and i'm happy to hammer this
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home. is that we have to be very careful right now if -- with respect to our resources. i have one, one inspector, one enforcement officer, same person, i have to watch very carefully in terms of his -- you know, time management on places where we have very little leverage. and so someone like that where i think -- there isn't a place of entertainment permit so i have very little tools to work with to fix this place. and i have to be careful of using my resources on those. that's i think part of the deal. a watch list to me, and maybe it's a loaded word or maybe it's something we shouldn't have maybe just -- maybe it's some sort of stigma that i didn't intend. but it's where the staff intends to put resources toward
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as much as necessary to make them -- make those problems and those worries that we have about potential problems go away. >> i love the watch list designation. my followup question is since the tecal bar is not a licensee, why are they even in the bar report? >> i can answer that. just -- it's just to go with what deputy director or acting director is talking about. they do have a permit form from us for a pool table. but because they have a permit from us for a pool table, again, just to reiterate, what she had said, the actual tools that we can bring to bear on them is much more restricted. it's not like a place of entertainment where there's a security plan, there's sound abatement, there's other agency inspections, building, electrical. whereas for a puyol table, they -- for a pool table, they don't have a to have a security plan for a pool table and don't have to have these items.
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a place like this just as the deputy director cane had said, we're in a funny spot. we would -- it's definitely there's something going on there. but as far as our resources, we really try to bring our resources much to focus -- to focus much more on plachese with a place of entertainment -- on places with a place of ent attempt because we get a lot -- of entertainment because we get a lot more accomplished. and what we end up doing in that situation is we work with the relative police station, s.f. politician in that district. police station in that district. and we work in a support position with them and we work on it more together where something on the watch list we take more of a lead role on. >> with the tecal bar, our only recourse would be to suspend their pool table permit? >> we could do that. but the time and effort it
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would take to do that is probably not worth the outcome. i think that was -- on your point. >> we can get much more done and much more accomplished working with the a.l.u. unit, the a.b.c. unit and sfpd in helping them do that kind of stuff. >> thank you. >> thank you. >> and i have one question on the earlier presentation on the promoter legislation. and did any type of citation get discussed or put into that or enforcement against promoters that don't comply? clubs that don't -- >> well, there wasn't a discussion of any kind of citation issuance. there is in it some manner of recourse or regulatory sort of enforcement or punishment if you will. there is things in the current legislation for that. but nothing citation related. >> ok. i'll rereview it.
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i must have missed that. >> so if i might. >> yeah. >> if i might. just let you know that my mother's here in the audience. i just wanted to welcome my mother and say hi. >> there you go. >> welcome. >> is she a spectator or complainant? >> she might get up for public comment. we'll see. [laughter] >> commissioners, you'll see my report as well in your books. and your binders tonight. and just go over it through the point. el rincon was issued an administrative citation for violation of their security plan. that happened -- i have a list here somewhere. that happened about a week and a half ago. so once again, they're working toward something. but i'm not quite sure what. but we will keep you apprised
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of what is going on there. and we're keeping our eye on them. the report for the city supervisors that director cane, deputy director cane told you about, we ended up doubling up your information a little bit. i put in the whole memo and our part of it, just the facts and figures. so if you wanted to read it again, you're welcome to. i'm still working with the city attorney and sfpd on the complaint law out on the mission. i'm working with both departments on that particular complaint. we're moving slowly but i've done one or two site visits and both agencies ask that we visit and we will do so. i put it in my report so we have an idea what i'm spending my time on.
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met with the city that again, with what jocelyn had talked about, about the noise task force. and just as she had said about it, i think it's important to really acknowledge that this is an important group. and some of the stuff that's being discussed is, you know, it's everything from believe it or not wind chimes to all the way up to tour buses and places of entertainment. and it's great that we have an opportunity that -- for us from the staff and the entertainment commission along with other city agencies, and even -- we had a sound engineer, we had someone from salters and associates there. and it's really a great group. it's a task force that's really doing a lot of good. and i think in the future, we'll be able to really change the sound ordinance here in the city which has some problems. and i think it's a real positive step. i'll be meeting with the city controller's office about our citation process in december. we'll be dr. kind of discussing more of the back end of that
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process. we'll be meeting -- it will be myself, the controller's office and then a few other agencies that are also now have the ability to issue the demitch citations -- administrative citations. so after that meeting i'll be able to give more information. i'll be testifying at a planning department hearing on trigger and also in december. so once that hearing and the results of that hearing happen, i will be able to give this commission kind of those results which will be -- should be interesting. finally, i would just -- i'll read this verbatim. it's important to note that in some of the following incidents listed below the venue mentioned at-bats acted responsibly by calling the sfpd. these instances are noticed with a star. this is important because it shows the positive results that can occur when the e.c. is able to do ongoing education with permit holders and security and best business practices. officer mathias is here from
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central station and when he talks during the police section of this meeting, he's actually going to go into a little bit more detail on two of those incidents. so i'll let him do that. it's good. it shows that with continued education, with spending the time to kind of further the knowledge base of our permit holders, we get results. and i think it's a very positive thing from both education done by this commission, and by the summit that we had done in the past. and we'll do again in the future. some of the venues that we're looking at, you can see that list. the club, golden boy pizza, the 3000 block of the fillmore area which we issued a citation in and a few warnings to venues in that area, el rincon, bar and church, and you'll see the list of -- who received notices of violation. and then for the citations, really, you're looking at the
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matrix and the fillmore area, heights, el rincon and lime. the two that i want to draw your attention to are both el rincon and lime being as both have now been cited twice. so those citations are starting to go up as far as cost. the el rincon whereas before, they were cited for one particular violation of thrae security plan. where -- of their security plan. where in the past it was $100, now $200 and $300 and so on. and the list of incidents, both minor and major. i would like to ask a question of this commission and the report that we gave to the city supervisors, you'll notice that on our incident list, we had them separated by plachese that we do permit and -- places that we do permit and places that we don't permit. and is that something the commission would also like or
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do you mind if they're all grouped together such as they are or would you like to see them divided up? >> well, if you're asking, i would like to see them divided. >> yeah, me, too. >> ok. that's why i asked. thank you very much. unless there are any questions. >> i have two small questions for you. one, are you aware whether or not p.d. is actively educating nightclub owners in their districts? i know that we have like nightclub officers in some districts. becoming friendly with them. educating them. so people feel more likely to call 911 when they have a problem instead of staying away from that? because they're afraid it's going to penalize them? so would you know if p.e.d. is doing any education that way? >> so this is going to be kind of a convoluted answer. but yes and no. yes, that there are situations like that going on.
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being that i know of being done by individuals, nighttime liaison officers and permit officers, officer mathias is here, officer dalton and also -- and both i know for -- i can positively say that these are two permit officers that are doing outreach that are educating permit holders in that -- in their districts. not every permit officer is doing that. some have more. some have less in their district. so as far as priorities, it rates accordingly. but there's no formal education system or outreach system going on. i know one of the things that e.c. staff and the sfpd are working on is we're actually with the aalu unit is we'll be probably in january, starting the "nightline"up education. meaning that a.l.u. unit members and myself, e.c. staff, will be meeting with the
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lineups of shifts of officers before they hit -- right before they hit the streets to give them crash courses in a.b.c. and entertainment permit information. >> so to staff, is there a way that within the next few months we can talk to p.d. and not necessarily with the permit officers during the day, but with the nighttime liaisons, the entertainment industry, which i think most stations have now, that we can have a meeting with them so that they actually get out there and meet the club owners and let them know that they're there so that they feel more confident that they can call 911 instead of being penalized for calling 911? because that is still out there. in people's heads. that they're going to be penalized. >> if i can answer, i think that when we get that list of entertainment liaisons which we don't have yet, we can absolutely do what you're saying. but part of what was mentioned,
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that won't happen probably until after the first of the year at this point. there was an intention to start it sooner. and then got totally derailed with the giants winning the world series unfortunately. because resources were changed all around. in this city for the month of october essentially. but yeah. absolutely. when those liaisons are identified, we are absolutely -- we would very much like to do that. i think the point roj trying to make, in advance of that, we're still seeing the results in specific examples where we get police reports. and when you actually read the narrative, we're surprised and pleased to find that in fact it's saying that nighttime venues are doing exactly what we've been asking them to do.
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in a general way, not each -- with their liaison. but specific cases. they must have heard about the summit or here or coming under cain shaw and a meeting -- under crenshaw and a meeting and doing what we're asking, calling the police, not letting someone in, making a phone call, saying help me move this person away from my front door. because this is not ok. >> that's great. just really quickly, roj, my second question was in the case of el rincon, it is apparent to me as it is i think the rest of this commission, and probably to you, that the owner is not really educated in this business. and she is constantly being either taken advantage of or misinformed by her managers or whatever. do you think in your opinion, this is your opinion, i'm asking for, that some kind of education course should come down the pike for new permitees ?
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>> yes. >> ok. >> yes, i believe for new permitees, i believe that would be beneficial. i guess why i hesitated was the -- i think we would really have to be careful and really look at the definition of "new permitees." what is designated, for lack of a better word, credityable experience in the industry. if someone says i was bartender for 10 years, we could say ok, you have enough experience in this business to get this permit. but that really doesn't show they know thousand run a club. >> i'm not saying to get the permit. i'm saying they're entitled to the permits. the permits are by right. but to do some kind of education so that they know, maybe give them a copy -- i don't know. >> i'm all for any education to our permit holders. i think education is a good
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thing. so absolutely. >> maybe something we can consider for the next summit. thank you. >> commissioner meko. commissioner meko: with regard to commissioner joseph's point, it just occurred to me this might be of good -- a good role for cmac which, you know, is independent of the commission. but certainly doing a lot of good for the industry. and maybe we could encourage staff to cooperate. and, you know, push as many resources in that direction as possible. you know, since we are so short staffed, i'm not sure we need an entire education component put on top of everything else that you're doing. what i wanted to talk about briefly was the sound ordinance. i know the revisions changed the allowable d.b.a.
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that's the higher pitched sounds. so that i think it's now eight decibels above the ambient, the existing zoning in an area. it kind of a limit on -- it's kind of a limit on how much they can continue to pour -- is it wattage -- into the higher pitched noises before people's ears begin to bleed. but where all of the power seems to be going these days is more into the bass waves. and i don't think the sound ordinance addresses that at all. at the moment. i would like to hear from you. is there a discussion or anything written? >> very, very much so. yeah, you're absolutely right. that the current ordinance rarely or barely talks about bass. and one of the things that we've been talking about,
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working with the noise task force, is exactly that. the bass. >> the c-scale. >> yes. the c-scale is the new revision and adopted into it so we'll be able to take measurements in a and c which is a huge change. so absolutely, yeah. the bass thing is -- that was one of the biggest things that we as the e.c. staff brought to the table was hey, you got to include bass into this. you can't be left out. which they have embraced fully. so absolutely. commissioner meko: ok. thanks. >> jocelyn, i just might add that in your pursuit of coordinating some type of educational process or interaction between the clubs and the police department, you moot want to check into the monthly -- you might want to check into the monthly meetings they already have at most police stations and might bring the clubs in on that, the permit officers will probably be there. as well as members of the public. and you can address the issues there and it's already
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agendaized and scheduled. it might save you a lot of time and motion. something worth checking out. it may not work. i don't know. ok. anything else? any public comments on the director's report? seeing none, the next item i believe is going to be police department comments and questions. and fellow commissioners, i just move this in the agenda because it seems that the police dovetail into what roj has to say so i thought it would be more effective to have him follow. thank you. >> good evening, commissioners and staff. i'm steve mathias from central station. just to kind of reiterate as far as what we're doing, to create the communication with the clubs, as far as them reporting crimes or if they think there's going to be a problem, i say anything from speaking here in front of you which is televised, if they're tuning into that, they can see
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it, to we've done some presentations with cmac where we get that message out as well. and it's really paid off in the central for -- there's two incidents from this last week alone that really paid off. and i'm going to give some description of what happened there. and so we find it's very, very helpful. we've got the dialogue with the clubs. if they are going to have a major event, they let us know. so we're not caught surprised on a saturday night or a thursday night or a wednesday night with, you know, all sorts of stuff going on. the first narrative on -- i'm only going read a narrative on one of the reports. the reason is there's a couple of different issues here that i want to address. we've had -- actually the first 121 m.p.c. that i come across and basically the year, i haven't seen a single one. i know when the law was passed, a lot of people had real concerns about what the police and the clubs were going to be
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doing as far as shooing people away and that sort of thing. so this is the first case that i've seen. out of all the reports that i've come across from central station. and also it deals with that and also the communication with the station, how important it is. not waiting for an emergency after it started but trying to get out in front of it and proactively. this is a narrative. i'll go into it real quick. i was flagged down by the general manager of a horizon nightclub located at 498 broadway street. and stated that he was having difficulty removing a patron from his nightclub and requested assistance. he pointed to a male and stated that's him. i approached the suspect who i observed standing outside of horizon nightclub for frocksly five minutes. i advised him that he was in violation of 121, loyterring outside a nightclub. he stated that he was leaving. he took approximately five steps west of the nightclub and stated i ain't leaving and he returned.
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i detected a strong oweder of an alcoholic beverage from his breath. his eyes were heavy and droopy. i asked him for and received his identification. and the sergeant responded on the scene. i presented him with a citation which he refused to sign. i vsed him of the consequences -- advised him of the consequences of not signing the citation. he stated this is fed up and ain't signing no ticket. just give me my i.d. back and i asked him to put his hands behind his back. broke free and started to run. i chased after him and he stopped and turned around and assumed a fighting stance and with his right closed fist hit me in the face breaking my glasses and knocking them to the ground. he then groobd me by my shirt collar and began to hit me numerous times in the right ear and head and i pushed him up against the wall, against horizon nightclub and placed him in a headlock. i felt his hands slide down my body and began to grab my utility belt. my baton became dislodged from its holder during the struggle.
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and fear for my safety i hit him repeatedly in the face with a closed -- closed left fist by ordering him to let go of my utility belt. with the assistance of several officers, he was taken into custody. so we had injuries with this. and it kind of shows that number one, just the 121, it's not like they're out there all the time just moving everybody along. it is a tool that we use. but as i said, in the last year, the first time that i've seen it used. the other thing is right from the very beginning, he was flagged down by the general manager of the club. this is huge. if clubs are worried about trying to get -- oh, i don't want the staff as far as the logged in, they're not going to call when they need help. this person was going to be a problem no matter where he was that night. whether it was inside the club, outside the club, with the police, i'm very, very happy that club horizon flagged down the officer. they did exactly what we want them to do.
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and they need to be commended for that. moving on to another situation, i'm not going to go into the narrative but club zool on one tillman and booked a party. and when they started to find out more about the party they became uneasy and this seems like it's going to be bad news. we don't want it. so two weeks before the event, they called up and they canceled it. the people that were planning on coming, as far as the promoter for it or the person that was organizing it, wasn't taking that for an answer. and says no, we're coming. and no, it's been -- it's been canceled. and they said no, we're coming. and it's going to take the police to stop us. and so now it getting worse -- it's getting worse. rather than cross fingers and hope for best he came down to the police station and talked with my sergeant. he filed a police report. and we had passing calls and directions, if there's any problems, give us a call and we'll immediately come out. so we were able to take care of that situation with no


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